Using back up flares at exempt anaerobic digestion plants: RPS 120
Environment Agency enforcement position on when you can use a backup flare to burn biogas from exempt anaerobic digestion plants.
Applies to England
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This regulatory position statement (RPS) does not change your legal requirement to get an environmental permit for a waste operation when you use a back up (auxiliary) flare to burn biogas from exempt anaerobic digestion plants:
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in an emergency
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during a breakdown
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when you carry out routine maintenance of an appliance used to burn biogas
However, the Environment Agency will not normally take enforcement action when you do this without an environmental permit for a waste operation if you comply with the requirements in this RPS.
This enforcement position does not apply to any other legal requirements.
Updates to this page
Last updated 31 October 2022 + show all updates
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We have updated the expiry date to 1 October 2025.
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We have added the text: This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.
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We have added the text 'You must keep records for 2 years that show you have complied with this RPS. You must make these records available to the Environment Agency on request.' We have also extended the review date until 31 October 2022.
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First published.